The Superior Court recently affirmed a trial court decision that a Plaintiff was unable to assert a Section 8371 bad faith claim against a defendant HMO because the Health Maintenance Organization Act exempts HMOs from the bad faith statute. Nordi v. Keystone Health Plan West, Inc., 2010 WL 204103 (Pa. Super. Jan. 22, 2010 Cleland, J.). The Plaintiff's lawsuit against the HMO arose out of a denial of the Plaintiff's request for continued physical therapy treatments.
This case may also be viewed at http://www.aopc.org/OpPosting/Superior/out/A23044_09.pdf.
Source: Pennsylvania Law Weekly "Case Digests" (2/1/10).
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